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Senate Passes the Administration of Criminal Justice Act (Repeal and Enactment) Bill, 2022, as amended.

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Senator Michael Opeyemi Bamidele
Senator Michael Opeyemi Bamidele
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* To provide Uniform Sentencing Policies and more Justice Mechanisms

 

The Senate has passed the Administration of Criminal Justice Act (Repeal and Enactment) Bill, 2022, as amended.

The Administration of Criminal Justice Act (Repeal and Enactment) Bill, 2022(SB.920) which was read the third time and passed, provides for uniform Sentencing policies and more restorative justice mechanisms, such as – Victim Offender Mediation; Suspended Sentence and Probation; and Community Service, etc.

The passage was sequel to the presentation of the report by the Senator Michael Opeyemi Bamidele, Ekiti Central led Senate Committee on Judiciary, Human Rights and Legal Matters.

In his presentation, Senator Bamidele said that the Senate in its amendment changed the ” Establishment of the Administration of Criminal Justice Monitoring Committee to ” Establishment of the Administration of Criminal Justice Monitoring Council”

Senator Bamidele said that the Observations and findings were “That stakeholders unanimously supported the passage of the Bill in view of its strategic relevance to the reform in the justice sector as it is one of the policy thrusts of this administration;

“That to entrench the culture of fair, efficient and effective criminal justice service delivery in Nigeria and to improve outcomes, through active partnership, it is imperative that the extant Act be holistically reviewed with a view to making all-encompassing provisions, targeted at addressing all the inherent challenges in the course of its as implementation with respect to some judicial pronouncements on the subject matter;

“That that the establishment of the Administration of Criminal Justice Monitoring Council is in line with what is obtainable in other jurisdictions, especially, the United States of America where there is Bureau of Justice and Criminal Justice Board in the United Kingdom, etc.;

“That the contemplation for the establishment of the Council should not be perceived as a new statutory body, as there is in existence, the Administration of Criminal Justice Monitoring Committee (ACJMC), established pursuant to the extant Act and funded through the Federal

Ministry of Justice. The legislative intent of this Bill is merely to substitute the word “Committee” with the word “Council”. This is to ensure operational efficiency of the ACJMC and enable it to access its Capital funding from the Federal Ministry of Finance. This contemplation is also in line with the advice of the Federal Ministry Finance, which is of the opinion that statutory budgetary provisions cannot be released directly to Committees, as assignments of Committees are perceived to be Ad-Hoc in nature with limited or specific timeframe. However, this is not the intention behind the establishment of the ACJMC, in view of its strategic role as it pertains to administration criminal justice in the country;

“That in jurisdictions where similar bodies exist, they are empowered to provide directions on operational delivery, aimed at improving the efficiency and effectiveness of the criminal justice system, by bringing together, criminal justice agencies to support joint work, targeted at improving service delivery in order to reduce crime, recidivism and unnecessary confinement. All these are well streamlined and structured in the Bill for the promotion of safe and fair criminal justice system for the enhancement of quick dispensation of justice;

“That the proposed Bill has been painstakingly structured and clearly drawn-out to address the plethora of shortcomings of the extant Act as well as make all-encompassing provisions in line with global best practices to ensure that we consolidate on the gains/achievements the country has recorded in our justice sector in the past few years;

“That the contemplated Council will not pose additional financial burden on the Government as the existing Administration of Criminal Justice Monitoring Committee is already being funded through the Federal Ministry of Justice Budget. This clarification is necessary for the avoidance of doubt; and

“That the enactment of this Bill will guarantee and ensure regulatory mechanism and framework to properly oversee the implementation of the Act by ensuring effective criminal justice administration in the country.”

 

 

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Judiciary

Taraba Court Jails Four for Life Over Staged Kidnapping Scheme

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In a landmark ruling that underscores the judiciary’s zero tolerance for kidnapping in any form, a Taraba State High Court on Friday sentenced four individuals to life imprisonment for orchestrating a staged abduction scheme aimed at extorting millions from their families.

Presided over by the State Chief Judge, Justice Joel Agya, the court found Prosper Paul, Samuel David, Nosiu Buba, and Samuel Kelvin guilty of attempted kidnapping under suit number TRSJ/75C/2021. The plot, according to the court, revolved around Paul’s deliberate plan to fake the abduction of his girlfriend and another woman in order to demand ransoms.

The judge noted that while the victims, Miss Fyafyatirmam Andeteran and Miss Brenda Anthony, were not forcibly taken, their collaboration in the scheme did not diminish the criminality of the act. “This was a clear attempt to obtain ransom through deceit, which amounts to kidnapping under the law,” Justice Agya said.

Paul’s girlfriend’s family reportedly paid N4 million, while a separate demand of N10 million was made in Brenda’s case. Their location was eventually traced to a hotel in Jalingo through phone records. Paul was handed an additional 12-month sentence for criminal conspiracy, while the other three defendants were discharged of that charge but sentenced to life for their role in the attempted kidnapping.

The judge strongly condemned the growing pattern of young women colluding with partners to defraud their families, calling it “a disturbing social menace.”
Though both victims escaped prosecution, the court made it clear their actions were deeply troubling. “They were lucky not to be standing in the dock today,” Justice Agya remarked.

Defence counsel pleaded for leniency, citing remorse and reformation, but signalled their intent to study the ruling for potential appeal. Meanwhile, the Ministry of Justice hailed the verdict as a powerful deterrent.

“This judgment reinforces the rule of law and sends a clear message to criminal-minded individuals,” said Mustapha Adam, Deputy Director of Citizens’ Rights.

 

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Judiciary

Appeal Court Affirms IPOB As Terrorist Group

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The Court of Appeal in Abuja has affirmed the January 18, 2018 order by Justice Abdu Kafarati of the Federal High Court, Abuja proscribing the Indigenous People of Biafra, IPOB, and designating it as terrorist organisation.

In a judgment on Thursday, a three-member panel of the Court of Appeal was unanimous in holding that the Federal Government acted lawfully in proscribing the group, whose activities threatened the nation’s continued existence and the security of citizens.

In the lead judgment, Justice Hamma Barka resolved all the issues raised for determination against the appellant – IPOB and declared the appeal unmeritorious and dismissed it.

 

 

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Judiciary

Court Stops VIO, Others From Seizing Vehicles, Imposing Fines

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The Federal High Court in Abuja has curtailed the powers of the Directorate of Road Traffic Services (VIO), barring it from stopping and impounding vehicles or imposing fines on motorists across Nigeria’s capital.

Justice Evelyn Maha, on October 2, 2024, delivered this judgment in response to a fundamental rights enforcement lawsuit initiated by public interest lawyer Abubakar Marshal.

The court found that the VIO, along with other enforcement officials, lacked the legal authority to halt vehicles or penalise drivers.

The ruling impacts the Director of Road Transport, the Area Commander of Jabi, the Team Leader of Jabi, and the Minister of the Federal Capital Territory (FCT), who were all named as respondents.

Justice Maha ruled that none of these parties, under the Minister’s authority, could justify the seizure of vehicles or the imposition of fines on road users.

The judge further issued a perpetual injunction prohibiting these officials and their agents from infringing on the rights of Nigerians to move freely, asserting that any such actions violate constitutional rights, including the presumption of innocence and the protection of personal property.

This ruling reinforces motorists’ rights and limits the powers of the authorities in vehicle-related enforcement without legal grounds.

 

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